police administrative disciplinary machinery

MANUAL FOR PROVINCIAL AND CITY DIRECTORS 165-Annex 7

Republic of the PhilippinesDepartment of the Interior and Local Government

NATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE

Makati, Metro Manila

MEMORANDUM CIRCULAR NO. 91-002

SUBJECT: PROCEDURE IN THE INVESTIGATION AND DISPOSITION OFADMINISTRATIVE COMPLAINTS AGAINST MEMBERS OF THE

PHILIPPINE NATIONAL P(jUCE (PNP) BEFOR!= THEPEOPLE'S LAW ENFORECEMENT BOARD (PLEB).

Pursuant to Section 43(d) (4), of Republic Act No. 6975, otherwise knownas the Department of the Interior and Local Government Act No. 1990," followingRules of Procedure governing the investigation and disposition of administrativecomplaints filed against members of the Philippine National Police (PNP) beforethe People's Law Enforcement Board (PLEB) are hereby adopted andpromulgated:

RULE IPURPOSE AND SCOPE

Section 1. Purpose - To insure uniformity "inthe conduct of investigationand disposition of administrative complaints against PNP members before thePeople's Law Enforcement Boara (PLEBs), as organized under RA No. 6975,the following Rules of Procedure set .c1h and circumscribed the specific policiesand rules to be observed in the cOflduct of such investigation.

Section 2. Scope - These rules and regulations delineate theorganization, jurisdiction, powers, dutIes and procedure to be observed by PLEBsin investigating and adjudicating cases against members of the PNP.

I~ IJLE II

POLICE ADMINISTRA1I'" DISCIPLINARY MACHINERY

Section 1. Citizen's Complalfl - This pertains to any complaint initiatedby a private citizen or his duly authc :e d representative on account of an injury,

166 MANUAL FOR PROVINCIAL AND CITY DIRECTORS

damage or disturbance sustained due to an irregular or illegal act committed bya member of the PNP.

Sec. 2. Jurisdiction over Citizen's Complaints - A citizen's corhplaintagainst any member of the PNP shall be brought before any of the followingdisciplinary authority;

Sec. 3. Breach of Internal Discipline. - This refers to any offensecommitted by a member of the PNP ir\:olvlng and affecting order and disciplinewithin the police organization.

Sec. 4. Jurisdiction over Breach of internal Discipline - In dealing.with offenses involving breach of internal dlsclpiine found to have been committedby any regular member of their respective commands, the duly designatedsupervisors and equivalent officers of ~"e F'NP shall, after due notice andsummary hearing, exercise disciplinary powers, as follows:

Disciplinary Authority t Administrative PenaltyChief of Policea. , Withholding of privileges, restriction,to specified limits, suspension or. i forfeiture of salary, or anyI

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combination thereof, for a period ofnot exceeding fifteen (15) days

b. City/Municipal Mayors I Withholding of privileges, restrictionI to specified limits, suspension orI forfe Iture of salary, or any

carr bination thereof, for a periodfrcrT' sfxteen (16) days to thirty (30)ca/s.

c. People's Law Enforcement Withholding of privileges, restrictionBoards (PLEB) I to soecified limits, suspension of

I forfe It ure of salary, or anyI combination thereof, for a period of

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not exceeding thirty (30) days,demotion in rank of dismissal fromthe service.

Disciplinary Authority Administrative Penalty

a. Chief of Police or equivalent fJl(mition or reprimand; restrictionsupervisors ,_ "rH:::cifiedlimits; withholding

MANUAL FOR PROVINCIAL AND CITY DIRECTORS 167

Sec. 5. Minor Offense - 1 " refers to an act or mission not involvingmoral turpitude, but affecting the intArnal discipline of the PNP, and shall include,but not limited to:

a.b.c.d.

Simple misconduct r

Insubordination;Frequent absencesHabitual drunkenri?

qegligence;

tardiness;and

privileges; forfeiture of salary orsuspension; or any combination ofthe foregoing; Provided, That, in allcases, the total period shall notexceed fifteen (15) days.

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b. Provincial Directors or I Admonition or reprimand; restrictionequivalent supervisors

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of specified limits; withholding!

privileges; forfeiture of salary or,

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suspension; or any combination of

the foregoing; Provided, That, in allI cases, the total period shall not

!exceed thirty (30) days.

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c. Police Regional Directors or I Admonition or reprimand; res,trictionequivalent supervisors of specified limits; withholding I

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privileges; forfeiture of salary or IIi suspension; or any combination ofI the foregoing; Provided, That, in all

cases, the total period shall notexceed sixty (60) days. Dismissalfrom the service and demotion in

rank may also be imposed.

d. Chief of the PNP Admonition or reprimand; restrictionof specified limits; withholding

I privileges; forfeitue of salary orsuspension; or any combination ofthe foregoing; Provided, That, in allcases, the total period shall not

I exceed one hundred eighty (180)I days. Also, dismissal from theI

service and demotion of rank..i.- i

;.

168 MANUALFOR PROVINCIAL AND CITY DIRECTORS

e. Gambling prohibited by law.

Sec. 6. Exclusive Jurisdiction - Acomplaintor a charge filed against aPNP member shall be heard and decided exclusivelyby the disciplinary authoritywho first acquired original jurisdiction over the case, notwithstanding theexistence of concurrent jurisdiction as regards the offense: Provided, That,offenses which carry higher penalties refermd to a disciplinary authority shallbe refe~red to the appropriate authonty whichhas jurisdiction over the offense.

Sec. 7. Summary Dismissal Authority- The Chief, PNP and RegionalDirectors, 'after due notice and summary hearings, may immediately remove ordismiss any respondent PNP member in any of the following cases:

a. When the charge is serious and the evidence of guilt is strong,b. When the respondent is a recidivist or has been repeatedly

charged and there are reasonable grounds to believe that he is guilty of thecharges; and

c. When the respondent is guill)!of conduct unbecoming of a policeofficer:

RULE III.

ORGANIZAT-ION.JURISDICTION COMPOSITION,TERM OF OFFICE, AND QUORUM OF PLEB

Section 1. Organization - Within thirty (30) days from the issuance ofthis implementing Rules and Regulation by the Commission, there shall becreated by the Sangguniang Panglungsod/Bayan in every city and municipalitysuch member of People's Law Enforcement Boards (PLEBs) as may benecessary: Provided, That, there shall be at least one (1) PLEB for every fivehundred (500) city or municipal pOlice personnel.

In the case of a city whrch has two (2) or more legislative districts theSangguniang Panglunsod concerned shall organized at least one (1) PLEB foreach district.

Sec. 2. Jurisdiction - Tne PLEB shall have jurisdiction to hear anddecide citizens' complaints for offenses committed by officers and members ofthe PNP,where the offense is punishable by withholding of privileges, restrictionto specified limits, suspension or forfe '",'e of salary. or any combination thereof,for a period not exceeding thirty (3D) ~avs or by demotion in rank or dismissalfrom the service.

Should the penalty of suspens:_ : "vhich automatically carries forfeitureof salary and allowances be imposed 01 the PLEB on a respondent member ofthe PNP, the period shall not exceed three (3) months; and in case of forfeitureof salary, the amount shall not exceeo tile equivalent of one (1) month pay.

All police officers appointed by ,he President shall enjoy their status aspresidential appointees and may be sv pended or removed only for cause and

MANUAL FOR PROVINCIAL AND CITY DIRECTORS 169-~

byorder of the President. The PLEBconcerned shall investigate administrativecases involvingsuch officers inaccordance withthe procedure prescribed underthe Rules; Provided, That the Report of Investigation shall be submitted to thePresident thru NAPOLCOMfor appropriate adjudication.

Sec. 3. Venue - Citizen's complaints against erring members of the PNPshall be filed with the PLEBof the city/municipality,or legislative district whererespondent is assigned or stationed. In case respondent PNP member isassigned at the provincial, regional or national headquarters, such complaintshall be logged with the PLEBof the city/municipalitywhere said headquartersis located, Provided, however That the Commissionthrough its Executive Officermay: in the interest ofjustice, and upon proper petitionfiled, authorized a changeor transfer the venue of investigation.

Sec. 4. Composition - The PLEBshall be composed of the following:a. Any member of the SangguniangJ?anglungsod/Bayan chosen by

his respective sanggunian;b. AnyBarangay captain ofthe cityor municipalityconcerned chosen

by the Association of Barangay Chairmen; andc. Three (3) other members who shall be chosen by the Peace and

Order Council from among the respected members of the community knownfortheir probity and integrity,one (1) of whom must be a member of the Bar or, inthe absence thereof, a college graduate, or the principalof the central elementaryschool in the locality; ProvIded, however That the Chairman of the NationalPeace and Order Council (NPOC), by himself or through authorizedrepresentatives, shall closely oversee the CPOCs/MPOCs in the section andscreening of PLEBmembers representing the communityand, where warranted,may direct the replacement of said PLEB members by persons in the localitywho meet the statutory qualification on probityand intE?grity.

The chairmanofthe PLEBshall be elected fromamongits members.Sec. 5. Oath of Office - Before assuming the duties of their office, the

chairman and members of the PLEB shall take the following oath or affirmationbefore an administering officer, which shall be filed with the office of the NationalPolice Commission in the region where the PLEB is situated. Any change inmembership will necessitate a new oath of office.

"I, .' do solemnly swear (affirm) that Iwill faithfully and conscientiously dls. large my duties as chairman for memberof the People's Law Enforcemer t Board in the city/municipality of

; that I will perform the duties imposed upon me inthe accordance with the pertinent provi sions of law and regulations promulgatedpursuant thereto; that having in view ,he best interest of the police service, I willadminister justice without partiality 'avor or affection; that I will keep thedeliberation of the Board with strictes' ~crecy and confidence, and that I impose


this obligation upon myself voluntarily, without mental reservation or purpose ofevasion. SO HELP ME GOD.

Sec.5. Term of Office - The term of office of the members of the PLEB

shall be for a period of two (2) years from assumption of office. Such membershall hold office until his successor shall have been chosen and qualified.

Sec.7. Compensation - Membership in the PLEB is a civic duty. How8verPLEB ..members may be paid per diem as may be determined by the city ormunicipal council from the city or municipal funds.

Sec.8. Quorum:'-' The presence of the majority of all the PLEB members'shall constitut~ a quorum. The Board shall determine, by a majority vote of itsmembers and its chairman, whether or not the respondent officer or member ofthe PNP is guilty of the charge upon which the complaints is based.

Sec.g. Nature of Preceding -Investigation conducted by the PLEB shallbe summary in nature and without strict regard to the technical rules of evidence,but, in accord with the rudiments and requirements of due process.

Sec.10. Filling of Complaints before PLI;B - The PLEB shall receivecomplaints referred to, or filed with it, by any citizen or resident of the Philippinespersonally aggrieved by an offense committed by a PNP member, or by theformer's authorized representative. A citizen's complaints filed directly with theNational Police Commission or of any agency of the government shall betransmitted immediately by the head of the agency concerned to the properPLEB, copy furnished the superior of the respondent.

Sec.11. Power of Duties - The PLEB shall have the power to investigateand adjurlicate all administrative charges formally filed with, or referred to it,against any. member of the PNP, and to impose the corresponding penalty.

For this purpose, the PLEB, acting through its chairman is empoweredto administer oaths, summon witnesses, and require the production ofdocuments, records, books, etc.,

RULE IVPROCEDURE

Section 1. Complaint - All proceedings must be commenced by acomplaint in writing, and under oath, by the aggrieved party or his duly authorizedrepresentative or guardian against any member of the PNP who appears to beresponsible therefore.

Said complaint shall be filed in at least three (3) copies with the Office ofthe PLEB of the city/municipality where the respondent is assigned.

Sec. 2. Formal Requirements of a Complaint - The complaint shallbe drawn in clear, simple, brief and concise language and must contain thename of the respondent, his rank and address, the designation of the offensecomplained of, the place, date and time of commission of the offense, and a


brief statement of relevant and material facts.

Sec. 3. Notification - Within five (5) days from the filing of the complaint,the PLEB shall cause the issuance of summons, together with a copy of the

complaint, upon the respondent, requiring the letter to file his answer and/orresponsive pleading within five (5) days from receipt therefore.

Sec. 4. Answer- The answer shall be in writing and must contain materialfacts, which may either be in specific denia: or affirmation of the allegations inthe complaint and shall be accompanied by documentary or other evidence, ifthere be any, in support of the defense. It shall also contain a list of witnessesand their individual addresses. Failure to file an answer shall be considered asa denial of the averments of the complainants.

It shall be filed, in at least three (3) copies, eitrler personally or byregistered mail. The answer is deemed filed on the date and hour of receiptstamped by the post office on the envelope, if filed by registered mail, saidenvelope to be kept and made an integral part of the records of the case.

Sec. 5. Hearing Proper - The PLEB shall proceed with the hearingproper of the case within ten (10) days from receipt of the answer. .

When the respondent in his answer pleads guilty or admits responsibilityto the charge, the PLEB shaT!nevertheless proceed with the hearing in order todetermine the degree of responsibility of the respondent and the appropriatepenalty to be imposed.

The parties and their witnesses shall be duly notified of the scheduledhearing at least three (3) days before the date thereof, specifying the date,time, and place of hearing. .

Sec. 6. Certification of Readiness - At the start of the hearing. theChairman of the PLEB shall ask for the appearance of the parties and inquire ifthey are ready to proceed with the presentation of their evidence.

When the parties are represented by their respective counsels..Jhe lattershall be made to sign and/or file a certificate of readiness to proceed with thehearing. In said certification, the daies uf hearing (from the commencement upto the termination of the investigation) agreeable to both counsels, but withinthe period prescribed by these rules, shall be clearly indicated so as to avoiddelay in the proceedings brought about by motions for postponements due toconflict of schedule with other cases handled by counsels.

On the scheduled dates of hearing agreed upon and signed by thecounsels, the PLEB shall proceed "it"' the hearing as scheduled in spite ofabsence of one or both counsels. The' -ertification ties and binds both partiesand their counsels to the agreemen,. 3! I~absence of their party or his counselsshall not be considered a justifiablE; (.:j se for postponing the case, except forhighly meritorious grounds.

Sec. 7. Proceeding in the Absf'nce of Counsel- If the respondent at. the start of the proceeding appear W'Thout any counsel to assist him in theinvestigation, the chairman of the PLEJ shall inform him of his right to avail of


oneI if he so desire. This right may, however, be waived by the respondentexpressly or impliedly.

In case where either or both of the parties cannot afford the service ofcounselor such counsel is not available, it shall be incumbent upon the PLEBas a fact-finding body to propound question, interrogate witness and examinematerial and relevant evidence which are necessary in the determination of theissues and in arriving at a just and fair conclusion.

Sec.8. Submission of Testimonies in Affidavit Form - As far aspracticable, direct examination of witness shall be dispensed with in theinvestigation conducted by the PLEB. In lieu thereof, the PLEB shall requireeach party and his witnesses to submit their testimonies in affidavit from dulysworn to, subject to the right of cross examination by tne other party or by themembers of the PLEB. Cross-examination shall be confined only to materialand relevant matters. Prolonged argumentation and other dilatory tactics shallnot be entertained.

Sec. 9. Preventive Suspension - Should it be established by convincingevidence at any time during the investigation of ttle administrative case, thatrespondent is exerting efforts to harass, intimidate, coerce, or unduly influencecomplaints or any of his vital witnesses into withdrawing his complaint orretracting his sworn statement against the former, the PLEB, through its chairmanshall recommend to the respondent's station commander, or appropriate PNPcommander, the placement of the respondent under suspension in order tomaintain the integrity and objectivity of the investigation.

Sec.10. Effect of failure or Refusal of Complainant to Prosecute -The failure or refusa! of the complainant and/or his witnesses to appear andprosecute the cases during the investigation, despite due notice, as reflected inthe Proof of Service of administrative process shall be a sufficient ground todrop the complaint, provided that the acticn is in person where the culpabilityof the respondent cannot be established or proven without the testimony of thecomplainant. Prior to such action, hO\vever, the Board shall exert efforts tolocate complainant and witnesses and verify the reason (s) for their failure orrefusal to testify and to pursue the complainant.

However, in ca~es where the culpability of the respondent could be seCL:reby other evidence outside of the testimony of the complainant, non-appearanceof the latter shall not be a ground to terminate the proceedings. As far a~practicable, the Board concerned shall endeavor to pursue the investigation bysecuring the attendance of their vital witnesses, to avoid miscarriage of justice.

Sec.11. Effect of Death - Death ell the respondent during the tendencyof the investigation terminates the administrative case, as has the effect ofexoneration.

Sec.12. Postponement - Post;':Jnement of investigation shall bediscouraged and shall be allowed only in meritorious cases, such as illness ofa party or his counsel and/or other similar unavoidable causes. A request for

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postponement on the ground of illness should be supported by a duly swornmedical certificate.

Regardless of the ground invoked, not more than two (2) postponementsof investigation shall be granted by reason of inavailability or illness of anyparty, counselor witness. In such a case, the third scheduled hearing shall beconsidered in transferable in character and the projected investigation thereonshall proceed with or without the presence of the person concerned.

Sec.13. Stenographic Record of Proceedings -The testimony of eachwitness, and the manifestation of the chairman and the member of the PLEB,parties and counsel, during an investigation shall be taken in shorthand orstenotype, if there is a stenographer. Clerk and stenographers employed totake down sworn testimony during the hearing shall, before entering upon thedischarge of their duties, be required to take an oath that they shall well andtruly report and certify in the maiter tnen to be submitted to them in theirrespective capacities and will keep the deliberation of the case with strictest..secrecy and confidence.

A transcript of the records made by the official stenographer or'stenotypist, and certified as correct by him, shall be a prima facie correct statementof such testimony and proceedings.

Sec.14. Where Service of Stenographer not Available - Where theservice of a stenographer cannot be' availed of, a typewriter substantial accountsof the proceedings duly certified as correct by the chairman of the PLEB, shallsuffice.

Sec.15 Solemnity of Proceedings - The investigation shall beconducted with solemnity and proper decorum and the chairman and membersof the PLEB shall comport themselves with impartiality and dignity befittingtheir position-that of discoverer and gathered of facts. They should alwaysbear in mind that their main duly is to determine the facts of the case as presentedby the parties during the investigation, judiciously evatuate the evidenceadduced, and thereafter, imposed the appropriate penalty based on the submittedevidence.

Sec.16. Nature and Contents )f Decision - Decision, as used in theserules, is the written finding by the PLEB that the respondent is guilty or notguilty of the offense charge, and the imposition of the appropriate penaHy incase of: conviction. It shall contain the charge, name of respondent, his rank,his office, or police unit, a brief stare-ment of the material and relevant facts,findings, offense committed and the penalty imposed, if found guilty, and adispositive portion thereof.

The decision shall be signPi bv all members who participated in theproceeding stating clearly who votE' 'r or against the same.

Sec.17. Reglementary Peno,' for Rendition of Decision - Each caseshall be decided within sixty (60) c~ :; from the time the case has been filedwith the PLEB.

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Sec.18...Finality of Decision - The decision of the PLEB becomes finalafter ten (10) days from receipt thereof by the parties or after the laps. of thereglementary period for' perfecting a Petition for Reconsideration/Appeal andno petition/appeal is filed. If a Petition for Reconsideration is filed within theprescribed period, the decisions becomes final and executory only upon receiptof the resolution of the Board on said Petition.

Where the decision of the Board involves the penalty of dismissal fromthe service, the same shall be immediately executory, and should be implementedupon receipt of the decision by the respondent. The filing of a Petition forReconsideration or Appeal, as the case may be, within the reglementary periodof ten (10) da)1s shall not suspend the implementation thereof.

Sec. 19. Motion for Reconsideration - either party may file a motionfor reconsideration from a decision rendered by the Board within ten (10) daysfrom receipt of a copy of the decision based on the following ground;

a. New evidence has been discovered which materially affeCts thedecision rendered, or

b. Efforts of law or irregularities have Been committed prejudicial tothe substantial rights and interests ot movant.

Only (1) motion for reconsideration shall be allowed and considered bythe Board.

Sec. 20. Appeal - In case where the decision of the PLEB imposed apenalty of demotion in rank or dismissal from the .service, respondent may filean appeal with the Regional Appellate Board concerned within ten (10) daysfrom receipt of a copy of the decision.

Sec. 21. Service of Decision - Cnpies of the decisions, orders andresolutions issued by the Board shall be referred to the Station Commanderconcerned for service to the parties.

Sec. 22. Period of Act on Appeal Filed - The Regiona! Appellate Boardshall within a period of sixty (60) days from receipt of the notice of appeal,decide the appeal.

Sec. 23. Effect of Failure to Decide Appeal - Failure of the RegionalAppellate Board to decide the appeal within the reglementary period shall renderthe decision final and executory without prejudice, however, to the fi!ing of anappeal by either party with the Secretary of the Department of the Interior andLocal Government.

Sec. 24. Maintenance of Docket Books by PLEB - The PLEB shallkeep a Docket Book for administrative complaints, in which all complaints shallbe properly entered and given their corresponding number in order of their receipt.The Docket Book shall contain a record of the number and the title of the case,rank and name of the respondent, place of assignment, date the respondentreceived copy of the complaint, date the answer of respondent is received, datesubpoena duces tecum is issued, date irl'/estlgation of the complaint is actuallycommenced, date investigation thereon is terminated, date decision is


promulgated, indicating whether respondent is exonerated, or, iffound guilty, thepenalty imposed and date the decision was served on the respondent; date whenmotion for reconsideration/appeal was filed, if any, and its status.

RULE VDUTIES OF NAPOLCOM HEARING OFFICERS

Section 1. Duties of Napolcom Hearing Officers. - Pending the constitutionof the PLEB, the present Napolcom Heanng Officers shall, in holdover capacity,continue the investigation of all police administrative cases.. Section 2. Effect of Constitution and Organization of PLEB. - Upon theorganization of the mandated city/municipal PLEB, the Napolcom Hearing Officerconcerned shall immediately cease functioning, and turn over to said PLEB allthe police administrative cases pend!ng on his office, except those where theinvestigation had already b,een comp;"'ted. _

Thereafter, the function of me Napolcom Hearing Officers shall beconfined to the following:

a. To assist in the orientation and training of PLEB members in theconduct of administrative Investigation'

b. To act as legal consultants of the PLEBs in hearing anddeciding administrative cases against PNP members;

c. To monitor the activities and performance of PLEBs within theirrespective jurisdictions, and submit monthly report thereon to the Napolcomregional director concerned;

d. To investigate claims for benefits arising from service-connecteddeath, permanent total disability and temporary disability.

e. To perform such .other felated functions as may be directed by theChairman of the Commission.

RULE VIADMINISTRATIVE OFFENSES

Section 1. Offense Punishabl;' -The following are the offenses for whicha member of the PNP may be chargbJ administratively:

a. Neglect of dutyb. Irregularity in the Perf-lance of Dutyc. Misconduct

d. Incompetencye. Oppressionf. Dishonestyg. Disloyalty to the Gave -renth. Violation of Law

and are defined as follows:


a. Neglect of duty or Non-feasance - is the omission or refusal,without sufficient excuse, to perform an act or duty, which it was the peaceofficer's legal obligation to perform; it implies a duty as well as its breach andthe fact can never be found in the absence of a duty.

b. Irregularity in the Performance of Duty - is the improperperformance of some act which might lawfullybe done.

c. Misconduct or Malfeasance - is the doing, either throughignorance, inattention or malice, of that whichthe officerhad no legal right to doat all, as where he acts without any authority whatsoever, or exceeds, ignoresor abused his powers. Misconduct generally means wrongful, improper orunlawfulconduct, motivated by premeditated, obstinate or international purpose.Itusually refers to transgression of some established and defined rule of action,where no discretion is left except what necessity may demand; it does notnecessary imply corruption or criminal intention but implies wrongful intentionand not mare error of judgment.

d. Incompetency - is the manifest of adequate ability and fitnessfor the satisfactory performanee of police dL'ties."'This has reference to anyphysical, moral or intellectual qualityth8'lackofwhichsubstantially incapacitatesone to perform duties of a peace officer.

e. Oppression - importsan ac~ofcruelty,severity unlawfulexaction,domination, or excessive use of authority. The exercise of the unlawful powersor other means, in depriving an individualof his libertyor property against hiswill, is generally an act of oppression.

f. Dishonesty - is the concealment or distortion of truth in a matterof fact relevant to one's office, or connected withthe performance of his duties.

g. .Disloyalty to the Government - consist of abandonment orrenunciation of one's loyalty to the Governmen~ of the Philippines, or advocatingthe overthrow of the government.

h. Violation of Law - presL.p,.,.JS8;:,conviction in court of any crimeor offense penalized under the Revised Penal Code or any special law orordinance.

Sec. 2. Classification of Offense - For the purposes of the applicationof penalties, administrative offenses are classified into light, Jess grave andgrave.

A. The followingare liGHT OFFENSES:SIMPLE NEGLECT OF DUTY - ThiS is incurred by any member of thePhilippine National Poi ice who shall

a. fail supervise, inspect and control subordinates directlyunder his command as to their punctuality, attendance,prescribed attire, proper use and maintenance of equality,preparation and submission of reports, efficient


performance of their duties and responsibilities, and theobservance of good order. conduct, behavior and discipline;

b. fail to take corrective action by way of warning, advise,admonition or suggestion to a subordinate, or to report suchconduct when such subordinate is committing or hasalready committed a dereliction, irregularity or violation ofdepartment rules and regulations;

c. fail to order or cause the investigation of a subordinatereported to him as absent without leave;

d. fail to disseminate any order, directive or instruction;e. fail to coordinate or cooperate with other law enforcement

agencies and their personnel;f. absent oneself from office without having filed the necessary

application for leave, either prior to the enjoyment of theleav~ or immediately the.ceafter;

g. fail or refuse to give his name and badge number whenproperly requested;

h. fail to report for duty in prescribed uniform with badge,identification card, service firearm and other requiredequipment, except those not required to wear theprescribed uniform by reason of the exigency of the service.

i. fail to keep an official appointment with a complainant,informer or crime witnesses without laNful justification;

j. fail to submit a written report tc his commanding officersimmediately or within a reasonable time after accidentalfiring of his firearm, time and circumstances would permit;

k. fail to take custody of government issued property from amember under his command who is suspen~ed, separated,retired or dead"

I. fail to respond to or expedite action without sufficientjustification on a complainant brought to the attention ofthe department In person, by telephone, or by letter;

m. fail to conduct within a reasonable period, proper, thoroughand complete Investigation when assigned to do so;

n. fail to thoroughi\. search for collect, preserve and identifyevidence in anv arrest or investigation conducted by him;

o. fail to take proper custody, record, tag, and identify propertyentrusted to him as evidence;

p. be delayed unnecessary in attending to or in performing aduty;

q. appear and te~t1fyin court, prosecutor's office. PLEB, RAB.and NAB or on Jtherquasi-judicial body while not in properuniform, excer 1nose duly exempted therefrom;


r. fail to report to his commanding or superior officer hisinability or incapacity to report for duty, attend a confe[ence,general inspection, or participate in an operation; .fail to inform his superior as to the result of action taken ora call or dispatch;fail to report to his commanding or superior officer ahazardous condition or dangerous situation;fail to prepare and submit properly written reports withinthe prescribed period of time, if required by standingregulaqons; andfail to perform any other analogues to the foregoing.

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t.

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v:

SIMPLE IRREGULARITY IN THE PERFORMANCE OF DUTY - This is

incurred by any number of the Philippine National Police who shall:a. be found to have the odor or smell of alcohol on his breath

while on duty, or possess alcoholic beverages on hisperson, police vehicle, post or'Office;

b. drive a marked police vehicle while not in prescribeduniform, except those who are not required to do so byreason of Jhe exigency of the service;

c. use siren and/or red blinker light while not responding toan emergency or not in hot pursuit of a fleeing criminal orlaw violator;

d. malinger, loaf or consort with others while on duty or arrangewith other member to take his place during his tour of duty,without prior approval of his superior;

e. allow unauthorized members of the police force to drivemarked or unmarked police vehicles;

f. interface or obstruct the work of other member$ or changethe assignment or tour of duty of subordinates not belongingto his command; and

g. commit any other act analogous to the foregoing.

SLIGHT OR SIMPLE MISCONDUCT - This offense is incurred by anymember of the Philippine National Police who shall:

a. fail to salute officials, dignitaries, superior officers and otherofficials entitled thereto or the national colors during theplaying of the national anthem;

b. fight, threaten or quarrel with any member of the policeforce; provided, that when the member being challengedor threatened is one of higher rank, the charge shall bethat of Grave Misconduct;

c. read newspapers, books or periodicals while in uniform


and no street dutyd. be untidy or couth in his personal appearance and behave

in an ungentlerran,y or undignified manner;e. fail to recognized and satisfy any just debt;f. engage in any renumerative or gainful occupation or activity

during off dUly "c;-rs vv'ithoutapproval of proper authority;g. solicit attorne.. s C'cndsman or guarantors for arrested or

confined pGrs: ~s:h. tail to home or tJ Je at the place of confinement without

legitimate reas~r; after havingbeen reported sick or injured;i. use rude or insulting language or exhibit similar rudeness

In conduct to It'e public;j. mislead or deceive his superiors, directly or indirectly, in

regard to abse",ce on account of sickness;k. fail to report b record with the Complaint or Desk Officer

a ccjse pnor tv lS investigation;I. ailow or to/earp idlers, fixers and persons of questionable

character to stay Qr loiter in his office, post or place ofassignment II. inou, any legitimate reason or purpose;

m. fail to maintalr. cleanliness and orderliness in his office,premises, .post or surroundings;

n. sell tickets to a benefit show, beauty contest, boxingpromotion, charity show and the like unless authorized byproper authority;

o. use official forms, letterheads, seals and stamps privatelyor in violation of protocol; provided, that when they are usedfor committing a fraud, the charge shall be GravedMisconduct; and

p. commit any other act analogous to the foregoing.

B. The following are LESS GRAVE OFFENSE:LESS GRAVE NEGLECT OF DUTY - This is incurred by any memberof the Philippine National PJlice who shall:

a. fail to exec! ftp !!3wfulorders from higher authority or: tolerateany subora, ~te to ignore or ridicule any order, rule 0,regulaiior1"

b. fail to make IfllfTledlate correction or take appropriate actionwhen a dereliction, irregularity or violation of law or duty isbeing comm,!.ed or has been committed in his presenceby a subordlr,are under his command, or fail to report thesame to his c;}mmanding officer within twenty-four hours;

c. fail to prepa, c" disciplinary or administrative complaint ortake such : , ler disciplinary action may be necessary

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LESS GRAVE IRREGULARITIES IN THE PERFORMANCE OF DUTIES- This is incurred by any member of the Philippine National Police whoshall:

a. apply for and serve a search or seizure warrant in anyestablishment or private house without the knowledge orapproval of the chief of police;

b. use tra1ic violation reports which are not duly validated bythe Land Transportation Office or by the Metro ManilaAuthority:

c. use traffic violation reports duly validated by the LandTransportation Office (LTO) but are not issued to him fortraffic enforceme ,t work;

d. use the official insignia, markings and seal of the policeforce in any privately owned vehicle, without the authorityof the chief of pOI.ce;

e. disreGard or violate traffic RJlesand regulations while drivinga police vel<1icle when not in hot pursuant and notresponding to an emergency call; and

f. commit any other act analogous to the foregoing.

LESS GRAVE MISCONDUCT - This is incurred by any member of thePhilippine National Police WIIOshall:

a. take advantage of his position by procuring goods andcommodities at a losing price to an unwilling seller, orpartake of food, drinks and cigarettes free of charge;

b. engage in gambling or games of chance, regulated orprohibited, while on duty, or in prohibited games of chancewhile off dUty;

c loiter in gamblir"'QJOInts,narcotic dens, prostitution house,hotels, motels, mahjong joints, cockpits, night clubs, cocktaillounge, bars bookie corners, and in other questionableplaces when not in the performance of police duty;

d. be drunk and disorderly while on or off duty, or drunk whileoff duty and in uniform or in recognizable uniform of theforce, when the same has no connection with theperformance Ofpolice duty;

e. maliciously in Ilgue against the honor of a co-officer, orindulge in idle (;i Issip or spread rumors that tend to discrediranother memt,c!

f. exhibit marker discourtesy in the course of official dutie~,or use profan8 0r insulting language to any superior officer,

g. associate or ,-,onsort with known gamblers, vagrantssmugglers, vice maintainers and crime syndicate heads

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h.not in pursuance of police objectives;serve as escort or security officer,whether on foo~of by.motor vehicle, for any private individual regardless of hisstatus in social or religiouscircles on any occasion, unlessauthorized by the chiefof policeor the appropriate officialsauthorized to du so;take a trip abroad withoutproper leave or approval of theauthorities concerned;bo~row or solicit money or any valuable from hissubordinates; andcommit any other act analogous to the foregoing.

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c. The following are GRAVE OFFENSES:

SERIOUS NEGLECT OF DUTY- This is incurred by any member of thePhilippine National Police who shall:

a. fail of reftJse to take command in an emergency in order tocarry out police -duty, being the officer present with thehighest rank, grade or PQsition;

b. fail to prevent or suppress the criminal act of a subordinatebeing committed in his presence or fail to report the sameto the chief of police withintwenty-for hours after discovery;

c. fail to apprehend and/or arrest under circumstances whereit is his duty to do so;

d. fail to return personal effects of released prisoners or otherproperty used in evidence the release of which is orderedby competent court or authority;

e. fail to perform his assigned mission or fail to participate inan operation for the security of the President, or other highranking officials of the Philippines orforeign heads of state,

f. fail to adminisler first aid when able and/or convey to thehospital, victims of traffic accidents, persons shot orstabbed, persons electrocuted, and others who are dyingand need urgent medical or surgical attention;

g. fail to quell a disturbance or to protect a person from deathor injury when able to do so;

h. fail to help a brother peace officer on apprehending orarresting a violatior who resist, or in subduing oneassaulting the arrestinG officer, or in disarming an armedviolator or in coming to the succor of another official who iswounded, injured or outnumbered; and,

I. fail to perform any c Jler act analogous to the foregoing.

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SERIOUS IRREGULARITIESINTHE PERFORMANCEOF DUTIES.-This is incurred by any member of the Philippine National Police whoshall:

a. engage directlyor indirectlyin partisan political activity ortake pari on any election except to vote;

b. act as bodyguard or security guard for any public officialor candidate for any elective public office or position orany other person within three (3) months immediatelypreceding any election and withinone (1) month thereafter,unless authorized or deputized by the Commission onElections;

c. act as bodyguard or security guard for the person orproperty of any public official,or private person unlessapproved by the property authorized concerned;

d. prevent any arrested person or detention prisoners to havethe right of counsel;

e. reveal secret or confidentialpolice matters and informationwhichjeopardized police mission and operations, or whichcauses injuryor damage to citizens;

f. establish a check in any publicthrough fare for the purposeofstopping vehicles or persons and searching them withoutsearch warrant or without legal grounds;

g. escort while on or off duty, any vehicle, carrying highlydutiable or taxable goods, merchandise,appliances ormachinery; .

h. deliberately or through gross negligence, destroy, damageor lose government property entrusted to him for officialuse;

I. mutilate, deface or destroy any driver's license; trafficcitation ticket or temporary operator's permit issued in lieuthereof;

J. inflictphysical injuriesupon a suspect to force the latter togive a confessior.;

k. bringan apprehending or arrested person to a hotel or motelor to any secluded place before turning him over to thepolice station.

I. sell, pawn, rent or loan his government issued servicefirearm,vehicle01 policeequipmentto another person orestablishment;

m. act as mediator,-p fixerforthe returnof any stolen vehicleor other proper'I, whether held for ransom or not;

n. countermand the order of the Mayor, Chief of Police, orany commandl d or superior officer when such order is

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]84 MANUAL FOR PROVINCIAL AND CITY DIRECTORS

o.lawful;be employed as a bouncer, security guard, watchman orlookout in a gambling den, narcotic dens, prostitution house,biniboy joint, or any other dubious establishment;perform the duties and functions of customs or immigrationauthorities without proper deputation in accordance withlaw:escort or allow other rnembers to escort detention prisonersoutside the jail in order to attend a funeral, visit a sickrelative, or solicit a bond without an order of the court ofproper jUrisdiction: andcommit any other act a'lalogous to the foregoing.

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GRAVE MISCONDUCT - This is incurred by any member of the PhilippineNational Police who shall:

a. maltreat or abuse any prisoner or detained person underhis custooy .,

b. join a strike or refuse to report for duty in order to securechanges in terms and conditions of his employment, or tooust the chief of police or any other officer from office;

c. publicly consort with woman of ill repute and/orscandalously cohabit with or maintain a wife other than hislegitimate spouse;

d. fail or refuse to surrender or deposit his service firearm,badge. Identification card and police vehicle, if any, to hiscommanding officer upon demand during the period ofsuspension:

e. willful failure to pay debts or obligation due the government;and

f. commit any other act c:malogous to the foregoing.

D. OPPRESSION:

Any member of the police force who shall abuse his authority ina tyrannical, cruel, and high-handed manner shall be guilty of Oppression.

E. GROSS INCOMPETENCY:

When the offense or negligence is committed by reason of manifestlack of adequate ability and fitness on the part of the respondent member forthe satisfactory performance of police duties, the erring member shall be guiltyof Gross Incompetency.


F. DISLOYALTYOF THE GOVERNMENT:

Any member of the police force who shall abandon or renouncehis loyalty to the government of the Republic of the Philippines, or shall advocatethe overthrow of its governments, shall be guilty of Disloyaltyto the Government,in which case, the maximum penalty of dismissal shall be imposed.

G. DISHONESTY:

, Any member of the police force who shall conceal, alter or, distortthe truth in a matter of fact relevant to his office, or connected with theperformance of his duties shall be guilty of Dishonesty. The following factsconstitute Grave Dishonesty:

a. any member who shall knowingly enter in his informationsheet or CSC 212 form, or in his Individual Police Profile, facts which .are nottrue, or conceal or distort damaging facts.

b. makes a false report or entry in the police blotter or in anydepartmental record;

c. give deliberate false testimony against or in favor of aperson facing a criminal, adminisirative or disciplinary charge;

d. destroy, conceal or tamper physical evidence to bepresented in court by exchanging, altering, damaging or diluting as to affect itsoriginal appearance, composition and content.

e. appropriate for hIS or another is personal use any stolenproperty which is recovered, found or abandoned; and

f. Solicit money or valuable for the amicable settlement ofcases under investigation.

H. VIOLATION OF LAW:

When a member of the police force is convicted in court of anycrime or offense punishable under tIle Revised Penal Code or special law orordinance, said member shall be charged before the PLEB for Violationof Law

The administrative invt~stigationby the PLEB shall be separatefrom and independent of the crimina! proceedings in court for the same offense.The nature of the crime committed and the penalty prescribed therefore by theRevised Penal Code or special law shall determine the classification of theoffense as light, less grave to grave

The following instance'_of Violation of Law; any member of thePhilippine National Police who shaH


a. maliciously refrain, in dereliction of the duties of his office,from instituting prosecution for the punishment of v.iolatorof the law, or shall tolerate the commission of criminaloffenses (Art. 208, RPC);agree to perform an act constituting a crime, in connectionwith the performance of his official duties, in considerationof any offer, promise, gift or present received by such officGr,personally or through the mediation or other; or accept anygift to consideration of the execution of an act which doesnot constitute a crime; or received a gift in consideration ofrefraining from doing something which it was his officialduty to do (Direct Bribery - Art. 210, Ibid);accept gifts offered to him by reason of his office (Art. 211,Ibid);appropriate public funds or property, or shall take ormisappropriate or shall consent or through abandonmentor negligence, shall permit any other person to take suchpublic funds or j:Jroperty,wholly or partially (Art. 217, Ibid);apply any public fund or property under his administrationto any public use other than that for which fund or pnopertywere appropriate by law or ordinance (Illegal Use of PublicFunds or Property - Art. 220, Jbid);consent to the escape of a prisoner in his custody or charge(Conniving with or Consenting to Evasion -Art. 223, Ibid);allow through negligence the escape of a prisoner underhis custody (Evasion through Negligence - (Art. 224, Ibid);remove, destroy or conceal documents or papers officiallyentrusted to him ( Infidelity in the Custody of Documents -Art. 226, Ibid);fail; upon demand from competent authority, to lend hiscooperation towards the administration of justice or otherpublic service (Art. 233, Ibid);overdo himself in the correction or handling of a prisonerunder his charge, by the imposition of punishment notauthorized by the regulation, or by inflicting suchpunishments in a cruel and humiliating manner(Maltreatment of Prisoners - Art. 235, Ibid);abandon his office, before the acceptance of his resignation,to the detriment of the public service (Art. 238, Ibid);solicit or make immoral or indecent advances to a woman

interested in matters pending before him for decision orwith respect to whic!> he is required to submit a report to orconsult with the supenor officer; solicit or make immoral or

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incident advances to a woman under his custody (AbusesAgainst Chastity - Art. 245, Ibid); .

m. intentionally mutilate another, (Art. 262, Ibid);n. wound, beat, or assault another if in consequence of the

physical injuries inflicted, the injured person shall becomeinsane, imbecile, impotent, or blind or if in consequence ofthe physical injuiies inflicted, the person injured shall hovelost the use of speech or the power to hear or to smell or aleg or shall have last the use of any such member, or shallhave become incapacitated for the work in which he hastherefore habitually engaged, or if in consequence of thephysical injuries inflicted, the person injured shall havebecome deformed, or shall have been ill or incapacitatedfor the performance of the work in which he is habituallyengaged for the period of more than ninety (90) days, or ifthe physical injuries inflected-shall have caused the illnessor incapacity for labor of the injured for labor of the injuredpersonJor more than thirty (30) days (Serious PhysicalInjuries - Art. 263, Ibid); .

o. inflict upon other injuries which shall incapacitate theoffended party for labor for ten (10) days or more, or shallrequire medical attendance for the same period (LessSerious Physical Injuries) - Art. 265, Ibid);

p. inflict physical injuries which shall incapacitate the offendedparty for labor from one (1) to nine (9) days or shall require

medical attendance duringthe same perjod or causephysical injl:Jries which do not prevent the offended partyform engaging in his habitual work or require medicalattendance or ill treat another by deed without causing anyinjury (Slight Physical Injuries - Art. 266, Ibid);

q. arrest or detain another in any case other than thoseauthorized by law or without reasonable ground thereof for

the purpose or deJlverlng hir/) to the proper authorities(Unlawful Arrest - Art. 269, (bid);

r. threaten another with the infliction upon the person, honor

or property ot thi-' ,atter or of his family of any wrongamounting to a v ,e (Grave Threats - Art r,,,," 0" . .." '0

s. threaten to con;m · a wrong not constituting a Cfll i 1- . --

Threats - Art. :233 ibid); .'-~=:..:o.-- -- ~~-~--~~ -:.-~~."..- ~ ~ ~~~~~~~~Q".'C\..i...C' "~---==

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188 MANUAL. FOR PROVINCIAL AND CITY DIRECTORS

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he did not persist in the idea involve in his threat, or orallythreaten to do another any harm not constituting a felony(Other Light Threats - Art. 285, Ibid);without authority of law , prevent another, by means ofviolence, from doing something not prohibited by law, orcompel him to do something against his will, whether it beright or wrong (Grave Coercions - Arts. 286, Idid);seize, by means of violence, anything belonging to hisdebtor for the purpose of applying the same to the paymentof {he ~ebt (Light Coercions - Art. 287, Ibid);perform, under pretense of official position, any actpertaining to any person in authority or public office withoutbeing iawfully entitled to do so (Usurpation of OfficialFunctions (Art. 177, Ibid);publicity and improperly make use of insignia, uniforms ordress pertaining to an office not held by such persons ofwhich hejs not a member (11Ie9alUse of Uniforms or Insignia- Art. 179, Ibid);detain another, without legal grounds (Arbitrary Detention- Art. 124, Ibid);aa. detain any person for some legal ground and shall

fail to deliver such person to the proper judicialauthorities within the period of: twelve (12) hours,for crimes or offenses punishable by light penaltiesor their equivalent; eighteen (18) hours, for crimesor offenses punishable by correctional penalties ortheir equivalent, and thirty six (36) hours, for crimeof offenses punishable by afflictive or capitalpenal~ies, or their equivalent (Delay in The Deliveryof Detained Persons to the Proper JudicialAuthorities - Art. 125, as amended by ExecutiveOrder No. 272 date 25 July 1987);

.bb. delay for the period of time specified therein theperformance of any judicial or executive order forthe release of a prisoner or detention prisoner, ,orunduly delay the service of notice of such order tosaid prisoner or the proceedings upon any petitionfor the liberation of such person (Delay Release -Art. 126, Ibid);

cc. enter, without being authorized by judicial order, anydwelling against the will of the owner thereof, searchpapers or other effects found therein without theprevious consent of such owner or having

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surreptitiously entered said dwelling and beingrequired to leave the premises, shall refused to doso (Violation of Domicile - Art. 128, Ibid);

dd. procure a search warrant without just cause, orhaving legally procured the same, shall exceed hisauthority or use unnecessary severity in executingthe S3me { Search Warrant Maliciously Obtainedand Abuse in the Service of those Legally Obtained- Art. 129, Ibid); and

ee. Search the domicile, papers, or other belongings ofany person, in the absence of the letter, any memberof his family, or in their default, without the presenceof two (2) witness residing in the same locality(Search Domicile Without Witnesses - Art. 130,Ibid).

RULE VIIADMINISTRATIVE PENALTIES

Section 1. Imposable Penalties - The following are the penalties thatmay be imposed by the PLEB in police administrative cases:

a. Withholding of privilegesb Restriction to specified limitsc. Suspensiond. Forfeiture of salary or finee. Demotion (of not more that one rank)f. Dismissal

Sec. 2. Schedule of Penalties - The penalties for light, less grave andgrave offences sllall be made in accordance with the following schedule:

A. For light offenses:

1. Withholding of privileges or restriction to specified Iil"Ditsorsuspension forfeiture of salary, or any combination thereof from one (1) day toten (10) days (minimum period);

2. Withholding of privileges or restriction to specified limits orsuspension or forfeiture of salary, or any combination thereof from eleven (11)days to twenty (20) days (medium period);

3. Withholding of privileges or restriction to specified limits orsuspension or forfeitureofsalary,or any combination thereof from twenty-one(21) days to thirty (30) days (maximumperiod).

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lYO MANUAL FOR PROVINCIAL AND CITY DIRECTORS

B. For less grave offenses:

1. Withholding of privileges or restriction to specified limits orsuspension or forfeiture of salary, or any combination thereof from thirty one(31) days to forty five (45) days (minimum period);

2. Withholding of privileges or restriction to specified limits orsuspension or forfeiture of salary, or any combination thereof from forty-six(46)days to sixty (60) days (medium period);

3. Withholding of privileges or restriction to specified limits orsuspension or forfeiture. of salary, or any combination thereof from sixty one(61) days to ninety (90) days (maximum period).

C. For grave offenses:

1. Suspension for Ulree (3) months (minimum period);2. Force Resignation/Demotion of not more than one (1) rank

(medium period);3. Dismissal (maximum period)

Sec. 3. limitation in the Imposition of Penalties - If the penalty ofsuspension is imposed by the PLEB, the same shall not exceed three (3) monthssuspension; and in case of forfeiture of salary (fine) the amount shall not exceedtie equivalent of one (1) month pay

On the olherhand, the penalty of «Withholding of Privilege" shall be:onflned to determine of vocation leave privileges, availment of loan privileges2'ld p3rticipation in training grant or programs and such other similar privilegesnormally enjoyed by civil service employees.

Sec. 4. Qualifying Circumstances - In the termination of the penaltiesto be imposed, mitigating and eggra"'a,ng circumstances attendance to thecommission of the offense shall be considered.

A The following are mitigafing circumstances;1. physical illness2. good faith3. length of service in the government4. analogous circumstances

B. The following are aggravating .:.;ircumstances:1. Talking advantage of official position2. Taking undue advantage of subordinate3. Undue disclosure of confidential information

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4. Use of government property in the commission of theoffense

5. Habituality6. Offense is committed during office hour and/or within the

premises of the working office or building7. Employment of fraudulent means to commit or conceal

offense8. Analogous circumstances

Sec. 5. Guidelines in the Application of Penalties - The imposition ofthe penalty shall be made in accordance withthe manner below provided:

a. Like penalties shall be imposed for the offenses and only onepenalty shall be imposed for each case. "Each case" means one administrativecase which may involve one or more charges Qrcounts;

b. The minimum of the penalty shall be imposed where only mitigatingand no aggravating circumstances are present

c. The medium of the penalty shall be impose where no mitigatingand aggravating circumstances are present

d. The maximum of the penalty shall be impose where no mitigatingand aggravating circumstances ate present

e Where aggravating and Illitigating circumstances are present, therule \a) shall be applied where there are more mitigating circumstances present,rule (b) shall be applies where the circumstances equally off-set each others; andrule (c) shall be applied when there are more aggravating circumstances; and

f. If the respondent is found guilty of two (2) or more charges orcounts, the penalty to be imposed should be that corresponding to the mostserious charge or count and the rest shall be considered as aggravatingcircumstance.

Sec. 6. Administrative DisaDilities Inherent in Certain Penalties -The followingare the administrative disability inherent in certain penalties:

a. The penalty of dismissal, which results in the separations of therespondent from the service, shall carry with it that of cancellation of eligibility,forfeiture of leave credits and retirement benefits, and the disqualification forre-employment in the police service;

b. The penalty of suspension, which consist in the temporaryseparation or cessation ofworkof the respondent forthe duration ofthe sanction,shall carry with it that of disqualification for promotion corresponding to theperiod of suspension.

c. The penalty of forfeiture.)f salary, which consist of an amount notexceeding one (1) month salary,shall -:arryitthat ofdisqualificationfor promotioncorresponding to the penalty period

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RULE VIIIFINAL PROVISIONS

Section 1. Repealing Clause - All rules and regulations and otherissuance, or portions thereof, inconsistent with this Rules of Procedures arehereby repealed or modified accordingly.

Sec. 2. Separability Clause - In the event that may of the provision ofthis Rules is declared illegal, the validity of the order provision shall not beaffected by such declaration.

Sec. 3. Effectively - This Rule of Procedure shall take effect uponapproval.

Original Sigr,ed

LUIS T. SANTOS

Secretary, Department of theInterior and Local Government andChairman; National Police Commission